Obesity remains a serious health problem and it is no secret that many people want to lose weight. Behavioral economists typically argue that “nudges” help individuals with various decisionmaking flaws to live longer, healthier, and better lives. In an article in the new issue of Regulation, Michael L. Marlow discusses how nudging by government differs from nudging by markets, and explains why market nudging is the more promising avenue for helping citizens to lose weight.

Armed with a computer model in 1935, one could probably have written the exact same story on California drought as appears today in the Washington Post some 80 years ago, prompted by the very similar outlier temperatures of 1934 and 2014.

Two long wars, chronic deficits, the financial crisis, the costly drug war, the growth of executive power under Presidents Bush and Obama, and the revelations about NSA abuses, have given rise to a growing libertarian movement in our country – with a greater focus on individual liberty and less government power. David Boaz’s newly released The Libertarian Mind is a comprehensive guide to the history, philosophy, and growth of the libertarian movement, with incisive analyses of today’s most pressing issues and policies.

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State Attorneys General v. Novelty Coffee Mugs

Following a letter from 22 state attorneys general, Urban Outfitters has agreed to stop selling a humorous mug with a “Prescription: Coffee” design. The AGs argued that prescription drug abuse is a very serious matter and not something to be joked about. [H/T Eugene Volokh]

The humor-impaired AGs participating (is yours on this list?) included those from Arizona, Arkansas, California, Colorado, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Mexico, Ohio, Oregon, Pennsylvania, Tennessee, Utah, and Wyoming, as well as Guam. According to Maggie Thurber at Ohio Watchdog, “the Partnership at Drugfree.org went further and categorized [the mugs and related coasters and other trinkets] as ‘prescription drug paraphernalia products.’”

Aside from a few core functions such as defending their states in litigation and issuing legal opinions to guide state agencies, state attorneys general have far too much discretionary authority to butt into whatever controversial areas may suit their taste for popularity and political advancement, even when, as here, there is no evident basis to think that Urban Outfitters had violated any actual law. It seems highly unlikely that the novelty mugs send any particular message that undermines public respect for prescription drug laws, but if for some reason they did, they would be entitled to more protection against AG bullying, not less, since expressive objects that send a symbolic message of disrespect for government policy will often qualify for First Amendment protection.

Congratulations to the 28 AGs who resisted the temptation to join in this busybody intimidation.